Date of filing : 20-06-2014
Date of order : 19-02-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.124/14
Dated this, the 19th day of February 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Muhammed Irfan Ali.M.K. : Complainant
S/o.A.K.Muhammed, RTI Activist,
R/at Thabasheera Manzil, Po.Muttathody,
Vidyanagar, Kasaragod Taluk.
(Adv.Shajid Kammadam, Kasaragod)
Thawa, Family Restaurant, : Opposite party
Malabar tower, Near Mallangai Juma Masjid,
NH-17, Kasaragod,
Represented by its Manager.
(Exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The facts of the complaint in brief are as follows:
That the complainant is a RTI Activist and social worker purchased an unfreezed package drinking water of 1 litre and he paid Rs.20/-. Immediately after paying consideration he examined the bottle and found that the MRP is less than what is charged from him. The complainant questioned the illegal act and requested for the return of balance, but the opposite party declined to do so and moreover, the opposite party threatened the complainant of dare consequences. The complainant submits that it is a case of unfair trade practice. According to complainant the opposite party has illegally over priced and charged Rs.20/- in violation of package and commodities rules. The act of opposite party amounts to unfair trade practice and deficiency in service and caused mental agony and emotional insult. Hence this complaint is filed for necessary relief.
2. On admission of the complaint the Forum issued notice to opposite party. But the notice returned unserved with an endorsement ‘not claimed’. Hence name of opposite party called and he remained absent, set exparte.
3. Complainant filed proof affidavit and Ext.A1 and MO-1 marked. Heard the counsel for complainant and Exts perused.
4. Here the only question to be answered is whether there is any unfair trade practice on the side of opposite party or not?
The complainant produced Ext.A1 undated bill which shows the bill amount is Rs.20/-. Complainant also produced one empty bottle of drinking water and in the bottle it is clearly written as the MRP is Rs.18/-. That means the opposite party charged Rs.2/- more than the MRP. It is not fair practice on the part of a trader to charge more than MRP. That means there is unfair trade practice on the side of opposite party. Moreover, the opposite party even not ready to receive a notice issued from a court of law. That means he is not a law obeyding person. There is no contra evidence before the Forum.
Therefore the complaint is allowed directing the opposite party to return back Rs.2/- the amount charged more than MRP and also directed to pay Rs.5000/- towards compensation and Rs.1000/- towards cost to the complainant. Opposite party is further directed to stop these types of unfair trade practice in future. The time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext..A1. Bill for an amount of Rs.20/-
MO-1. Drinking water and bottle
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT
